Goodfriend v. Robins
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Rose Go'odfriend, an infant, by one as guardian ad litem, against H. Fannie Robins. From a judgment for plaintiff overruling demurrer to complaint, defendant appeals. Affirmed.
1Per curiam
We are clearly of the opinion that a guardian ad litem of an infant party must be appointed by the court in which *241the action has been or is to be brought, and with reference to the particular litigation. Code Civ. Proc. § 472; Rosso v. Second Ave. R. R. Co., 13 App. Div. 375, 43 N. Y. Supp. 216. The complaint here alleges that the guardian was appointed in the Supreme Court. Such an appointment, so far as concerns this action, is a nullity, and the person who assumes to act as guardian is a mere usurper. Rosso v. Second Ave. R. R. Co., supra. The complaint then stands as if there were no…
2Cases cited2 opinions
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
- Rosso v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- McGarity v. New York City Railway Co.Appellate Terms of the Supreme Court of New York · 1906
- Conroy v. BiggAppellate Terms of the Supreme Court of New York · 1908